WASTE-LANDS (CLAIMS) ACT

Preamble

The WASTE LANDS (CLAIMS) ACT, 1863

[Act, No. 23 of 1863]

[AS ON 1956]

[10th March, 1863]

PREAMBLE

An Act to provide for the adjudication of claims to waste lands.

WHEREAS it is expedient to make special provision for the speedy adjudication of claims which may be preferred to waste lands proposed to be sold, or otherwise dealt with, on account of 'Subs.by the A.O.1937 for " Govt.".[the Provincial Government], and of objections taken to the sale or other disposition of such lands;

It is enacted as follows:

Section 1. Provision for enquiry in claims, to land, or objection to sale of same

When any claim shall be preferred to any waste land proposed to be sold, or otherwise dealt with, on account of [Subs.by the A.O. 1937 for " Govt."][the State Government], or when any objection shall be taken to the sale or other on disposition of such land, the Collector of the district in which such land is situate, or other officer performing the duties of a Collector of Land Revenue in such district by whatever name his office is designated, shall, if the claim or objection be preferred within the period mentioned in the advertisement to be issued for the sale or other disposition of such land, which period shall not be less than three months, proceed to make an enquiry into the claim or objection.

Section 2. Procedure in such cases

The Collector or other officer as aforesaid shall call upon the claimant or objector to produce any evidence, or documents, upon which he may rely in proof of his claim or objection; and after considering the same, and making any further enquiry that may appear proper, shall dispose of the case by an order for the admission or rejection of the claim or objection; and if the land is proposed to be sold, for the sale of the same subject to any condition or reservation which, to such Collector or other officer as aforesaid, shall appear to be proper.

Notification of conditions. If the land is ordered to be sold subject to any condition or reservation, such condition or reservation shall be notified to intending purchasers at the time of sale.

Pending an enquiry into any claim or objection under the date last preceding section, the Collector or other officer as aforesaid shall postpone the sale or other disposition of the land;

and, if he shall order that such claim or objection be rejected, he of shall further postpone the sale or other disposition of the land, to allow the claimant or objector to contest the order of rejection in the manner hereinafter provided.

Section 4. Sale to be stopped if claim appear to be established, but may afterwards be proceeded with

If the Collector or other officer as aforesaid shall consider the claim or objection to be established, and that the sale or other disposition of the land should not take place, he shall stop the sale or other disposition of the land:

but such sale or other disposition of the land may afterwards be proceeded with, if, on an order issued [The words "by the L.G." rep.by Act 4 of 1914, Sch., Pt.I], to try to claim or objection, as provided in section 6 of this Act, the claimant or objector shall fail to establish the same.

Section 5. Delivery to claimant of copy of order of rejection or of sale

If the Collector or other officer as aforesaid shall order that the claim or objection be rejected, or that the land be sold subject to any condition or reservation, or that it be otherwise dealt with, he shall cause a copy of such order to be delivered to the claimant or objector ;

Order when final.- and if such claimant or objector shall not, within one week from the delivery of such copy, or within such further time as the Collector or other officer as aforesaid, for any special reason to be recorded, shall see fit to grant, give notice in writing to such Collector or other officer as aforesaid, that he intends to contest such order, the order shall be final.

Report to Board.- If the claimant or objector shall, within the time allowed, give such notice, the Collector or other officer as aforesaid shall immediately make a report to the [The words " Board of Revenue or other " repealed by Act 4 of 1914, Schedule, Part.I]. superior revenue authority [Ins., ibid.] [to which he is immediately subordinate] and shall forward with such report a copy of his order, stating fully all the circumstances of the case, and the evidence adduced in support, or otherwise, of the claim or objection;

Decision of Board.- and such [The words " Board or other " rep., ibid.] authority, on the receipt of such report, and after calling for any further information which it may consider necessary, of may confirm, modify or reverse the order of the Collector or other officer as aforesaid.

Certification to Court.- If the [The words " Board or other " rep., ibid.] authority as aforesaid confirm the order of the Collector or other officer as aforesaid, or modify such order in such to manner as to leave any part of such order in force adverse to the claimant or objector, the Collector or other officer as aforesaid shall certify such order to the Court constituted as hereinafter provided;

Notice to claimant.- and such Court shall forthwith give notice to the claimant or objector;

Decision when final.- and if such claimant or objector shall not [The words " within thirty days from the delivery of such notice from the Court rep by Act 9 of 1871.For limitation, see now the Indian Limitation Act, 1908 (9 of 1908).] institute a suit in such Court to establish his claim or objection, the order of the [The words " Board of Revenue or other " rep.by Act 4 of 1914, Sch.,Pt.I] authority aforesaid shall be final.

Section 6. Power to order suit to try claim admitted by Collector

The State Government may, within twelve months after the date on which the claim of any claimant of waste land, or the objection of any objector, as aforesaid, shall have been admitted under this Act by the Collector or other officer as aforesaid, direct a suit to be brought to try the claim or objection of the claimant or objector, in a Court constituted as hereinafter provided.

Section 7. Special Court for trying claims

For the investigation and trial of claims under this Act, the State Government shall constitute, in every district in which there may be any waste lands capable of being sold, or otherwise deaIt with, on account of [Subs.by the A.O.1937 for " Govt."][the State Government], a Court consisting of an uneven number of persons, not less than three, of whom the Judge of the district, or the officer presiding in the principal Civil Court of original jurisdiction in the district, by whatever name his office may be designated, shall be one.

Power of members.- Any one or more of the members of which such Court shall consist shall have power to make all such orders in the case as may be necessary prior to the hearing of the suit:

Exclusion of officer making original enquiry.- Provided that, whenever the Collector, or other officer, by whom the original enquiry was held, is the officer presiding in the principal Civil Court of original jurisdiction in the district, such officer shall not be a member of such Court.

Section 8. Notice of constitution of special Courts

Whenever any Court is constituted under this Act, notice thereof shall be given by a written proclamation, copies of which shall be affixed in the several Courts, and in the offices of the several Collectors and Magistrates of the district:

Claims not cognizable in other Courts.- and from the date of the issue of such proclamation no other Court shall be competent to entertain any claim or objection belonging to the class of claims or objections for the trial and determination of which such Court is constituted.

Section 9. Special Court where held

The Courts constituted under this Act shall be held at such place, or places, within the limits of their respective jurisdictions, as shall be considered most convenient.

Section 10. Plaintiff and defendant in suit under section 5

In every suit instituted under section 5 of this Act, the claimant of the waste land, or objector to the sale or other disposition of such land, shall appear as plaintiff; and the Collector, or other officer aforesaid, shall appear as defendant on the part of {Subs.by the A.O.1937 for " Govt."}[the State Government].

Appearance.- Either party may appear by pleader or by agent:

Proviso.- Provided that if such other officer as aforesaid be the presiding officer of the principal Civil Court of original jurisdiction in the district, the State Government shall appoint some other officer to appear as defendant in the case on its behalf.

Plaintiff and defendant in suits under section 6.- In any suit ordered to be instituted {The words " by the L.G." rep.by Act 4 of 1914, Sch., Pt.I.} under section 6 of this Act, {Subs.by the A.O.1937 for " Govt."}[the State Government] by any officer, to be appointed for the purpose, shall appear as plaintiff; and the claimant or objector as aforesaid shall appear as defendant.

Section 11. Regulation of proceedings

In suits instituted under this Act, except as hereinafter provided, the proceedings shall be regulated, so far as they can be, by the Code of Civil Procedure.

Section 12. Procedure before hearing

The Court shall fix a day for the appearance of the parties and for the hearing of the suit, of which due notice shall be given to the parties or their agents; and on the day so fixed, the parties or their agents shall bring their witnesses into Court, together with any documents on which they may intend to rely in support of their respective statements.

Procuring attendance of witnesses.- If either party require the assistance of the Court to procure the attendance of a witness on such day, he shall apply to the Court in sufficient time before the day fixed for the hearing of the suit; and the Court shall issue a subpoena requiring such witness to attend the Court on that day.

Power to require attendance of claimant.- It shall be competent to the Court to require the personal attendance of the claimant of the waste land, or objector, as aforesaid, on the day fixed for the hearing, or at any subsequent stage of the suit.

Section 13. Procedure on hearing

On the day fixed for the hearing of the suit, or as soon after as may be practicable, the Court shall proceed to examine the claimant of the waste land, or the objector, or his agent (when his personal attendance is not required), and the witnesses of the parties;

and upon such examination, and after inspecting the documents of the parties, and making any further enquiry that may appear necessary, shall proceed to pass such order in the case as it may consider just and proper.

Section 14. No appeal or revision

No appeal shall lie from any decision or order passed under in this Act, nor shall any such decision or order be open to revision.